April 10, 191( 



HARDWOOD RECORD 



17 



of both buyer and seller, one trj-ing to reduce the price and the 

 other trying to raise the price, wastes time and energy shhI results 

 in a great variety of prices for tlie same kind and quality of lumber. 



The chief concern of the buyer, Mr. Gadd said, is to see that 

 the price he pays is no higher than that of his competitors, against 

 ■whom he must sell his product in the market. The chief concern of 

 the seller is to get as much as anybody else for his lumber; in 

 other words, to get what is termed the top of the market for the 

 quality he offers. By making prices known to each other they will 

 gradually tend toward a standard in harmony with market condi- 

 tions, a situation advantageous to both buyer and seller. 



It is not expected that this plan will result in one price for 

 any one grade, and the differences between even the same grades 

 of the various manufacturers is well recognized. The ultimate re- 

 sult expected is that prices obtained will be in direct relation to 

 the character of the grades offered. There is no agreement to make 

 prices or control prices. 



Members of the Hardwood Manufacturers' Association get to- 

 gether monthly and discuss prices on the theory that in helping 

 competitors they are helping themselves. Business will be placed 

 upon a more scientific and rational footing. 



An address by W. C. Hull, Traverse City, Mich., president of 

 the Michigan Hardwood Manufacturers' Association, pledged the 

 loyalty of the association to the National. 



Pledging Support to the Govekxmext 



A resolution was passed by which the support of the lumber 

 industry was pledged to the Government in the trying times which 

 lie ahead. The text of the resolution follows: 



The National Lumber Manufacturers' Association in convention 

 assembled, appreciating the crisis confronting the country, pledges 

 the Government the fullest support of the lumber industry, and to 

 this end we offer all that we have in material, in resources and in 

 manhood, and we pledge that we will answer every demand made 

 upon our patriotism in the spirit of our forefathers in the industry, 

 and we offer to the President of the United States the facilitiej of 

 this organization for promoting effective co-operation with the Gov- 

 ernment in its preparation for the eventualities of war. 



The probability that a large number of wooden ships of moderate 

 size will be built for transportation service was only mentioned 

 informally. 



Tr.\ffic Matters 

 — A meeting was held on Wednesday in which traffic matters were 

 considered. The meeting was attended by delegates from affiliated 

 associations and officers specially interested in traffic matters. E. 

 A. Selfridge of California was chosen chairman of the meeting. 

 The suggestions known as Esch list were given consideration. The 

 conclusions reached will not be made public until after they have 

 been submitted to the Interstate Commerce Commission, which it 

 is believed will not occur earlier than April 20. The following 

 resolution was adopted: 



Car situation in lumber producing territory extremely serious and 

 measures adopted heretofore to effect relief have been tinsuccessful. 

 Present car service rules ineffective from standpoint of shippers and 

 also work hardship on carriers. Transportation committee of meeting 

 here today respectfully urges pooling of freight equipment, which we 

 believe only effective solution. 



This resolution was telegraphed to Chairman C. C. MeChord of 

 the Interstate Commerce Commission and to C. M. Schaefer, chair- 

 man of the car service commission of the American Eailway Asso- 

 ciation, Washington, D. C. 



Miscellaneous Matters 



Satisfactory results in the interinsurance department were an- 

 nounced by Charles F. Simonson, manager. The exchange now has 

 a risk in excess of $7,500,000 and over $120,000 premium deposits 

 in force. The cash assets exceed $10.5,000, with no unpaid loss to 

 be met. 



The association passed resolutions of appreciation of the work 

 done by the officers during the past year. 



The program for the meeting, which had been printed in ad- 

 vance, was not followed all the way through. Some of the chair- 

 men of the affiliated associations did not make their reports, and 

 a paper by Edward Hines on the increased costs which lumbermen 

 will have to face, was not read. Executive sessions occupied so 

 nuich time that two days were not sufficient to carry everything 

 through as originally planned. 



The report of Herman von Sohrenk of St. Louis on technicj^ 

 work was supplemented b}- an instructive exhibit of shingles which 

 had been treated to prevent quick burning. Much progress has 

 been made in lessening danger from fire where shingle roofs are 

 used. 



;!Ji»:^tw:>u;»!:TOtt:^t>:imt'^^TOi/^ 



^c mstJiBiwroJ 



Pertinent Legal Findings 



Queries on questions arisinp on anu points inroliing the law as it is applied to lumhering and allied industries will Be giren proper expert 

 attention through this department if submitted to Hardwood Record. There uill he no charge for such seriiee, but Hardwood Record 

 •■eserves the right to publish questions and answers without designating names or location of inquiries unless specifically requested not to do so. 



Shipper's Liability for Freight Charges 

 A carload of lumber was shipped by a seller directly to the buyer 

 with provision in the bUl of lading reading, "freight collect." The 

 consignee-buyer refused to accept delivery at the destination and the 

 carrier notified the shipper of that fact and of the non-payment of 

 the freight charges. The shipper failed to direct disposition of the 

 lumber or to pay the charges, and the carrier sold it to satisfy freight, 

 etc., but the goods did not bring enough to cover the charges. Under 

 these circumstances, it is held by the Texas court of civU appeals that 

 the railway company was entitled to eoUect the balance from the 

 shipper. ' ' In general the consignor with whom the contract of ship- 

 ment is made is Uable tmder the contract for the charges provided 

 therein. And this liability exists regardless of whether the consignee 

 is the owner, and irrespective of the failure of the carriers to collect 

 the freight from the consignee." (Atchison, Topeka & Santa Fe 

 Eailway Co. vs. Miller & Vidor Lumber Co., 192 Southwestern Re- 

 porter, 354.) 



Illinois Compensation Act Applied 



A night watchman at a planing mill plant is entitled to an award 

 under the Hlinois Workmen's Compensation act for injuries sustained 

 in guarding the property against trespassers. (Illinois Supreme 

 Court, Chicago Dry Kiln Co. vs. Industrial Board, 114 Northeastern 

 Reporter, 1009.) 



Damages for Breach of Contract of Purchase 



Under a contract to buy silo material at a price 20 per cent below 



a list price, less freight, in computing the damages for which the 

 buyer is liable on refusing to receive the material, the freight should 

 be deducted from the agreed price, and not from the list price. (Utah 

 supreme court, Holland-Cook Manufacturing Co. vs. Consolidated 

 Wagon & Machine Co., 161 Pacific Reporter, 922.) 



Purchase of Woodworking Machinery 

 Where a contract for sale of a hardwood matcher to a woodwork- 

 ing company gave that company the right to reject the machine on 

 tendered delivery, and contained express provision to the effect that 

 the company waived delivery at any particular time, there could be 

 no recovery of damages for profits lost by the company through delay 

 in delivery. (Kentucky court of appeals, Berlin Machine Works vs. 

 Jefferson Woodworking Company, 191 Southwestern Reporter, 82.) 



Aspects of Lumber Sales 

 Where lumber is ordered by a customer for the purpose, known to 



the seller, of being used in building a boat, acceptance of the order 

 implies a warranty on the seller's part that the lumber wiU be rea- 

 sonably well adapted to that purpose. On part of the limiber prov- 

 ing to be defective, the buyer is entitled to damages measured by the 

 excess of the agreed price of the lumber above its actual value. 

 (Kansas City court of appeals, Antrim Lumber Company vs. Daly, 190 

 Southwestern Reporter, 971.) 



